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  • Kruel v. The State

    Publication Date: 2018-02-02
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mario Ninfo (Ninfo & Associates, P.C.), Covington, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Tabitha Rogers (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A17A1729

    The evidence supported defendant's convictions for child molestation and third-degree cruelty to children after he molested a 9-year-old girl in front of her twin brother and the trial court was authorized under O.C.G.A. § 42-1-12 to require defendant to register as a sex offender as part of his sentence.

  • Zarouk v. The State

    Publication Date: 2018-01-30
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Cameil Reddick (Metro Conflict Defender), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Kevin Armstrong (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A17A1922

    The trial court did not clearly err in denying defendant's motion for acquittal and discharge based on his demand for a speedy trial pursuant to O.C.G.A. § 17-7-170, because defendant failed to carry his burden to show that the demand for a speedy trial was pending for two terms of court during which there were juries impaneled and qualified to try his case.

  • Jackson v. The State

    Publication Date: 2018-01-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Russell Walker (Russell K. Walker, P.C.), Perry, for appellant.
    for defendant: Marie Banks (Houston County District Attorney), Perry; George Hartwig (District Attorney Houston Judicial Circuit), Perry, for appellee.
    Case Number: A15A1855

    The indictment charging defendant with failing to register as a sex offender in violation of O.C.G.A. § 42-1-12 was fatally defective because it did not recite a sufficient portion of the statute to set out all the elements of the offense for which defendant was tried and convicted and it did not allege all the facts necessary to establish a violation of a criminal statute.

  • King v. The State

    Publication Date: 2018-01-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Deborah Leslie (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Bradford Rigby, Whitney Bradford (District Attorney's Office of the Cordele Judicial), Cordele, for appellee.
    Case Number: A17A1877

    Although the evidence was sufficient to support defendant's conviction for incest for acts he committed against his niece, the trial court failed to properly consider the general grounds, including its authority to sit as a thirteenth juror, that defendant raised in his written motion for new trial and at the hearing on that motion, so the Court vacated and remanded the order denying defendant's motion for new trial.

  • MacMaster v. The State

    Publication Date: 2018-01-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Caroline Yi (Forsyth County Solicitor's Office), Cumming, for appellee.
    Case Number: A17A2083

    The trial court properly denied DUI defendant's motion in limine to exclude the admission of the results of the State-administered breath test, any evidence of her consent to the State-administered breath test and her refusal to take the Alco-Sensor test.

  • Daniels v. The State

    Publication Date: 2018-01-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Christopher Daniels (Coffee Correctional Facility), Nicholls, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A17A2099

    The sentences the trial court imposed following defendant's negotiated guilty plea to 10 counts of statutory rape and seven counts of child molestation were illegal and void because they did not include split sentences and imposed probation-only sentences for two of the statutory rape offenses; accordingly, the Court vacated and remanded for resentencing.

  • Hall v. The State

    Publication Date: 2018-01-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Timothy Lam (Attorney at Law), Monticello, for appellant.
    for defendant: Stephen Bradley (District Attorney, Ocmulgee Judicial Circuit), Milledgeville; Allison Mauldin (Assistant District Attorney), Greensboro, for appellee.
    Case Number: A17A2009

    The trial court did not err in denying defendant's motion to withdraw his guilty plea to child molestation and aggravated stalking because the chief jailer's comments to the defendant before his scheduled trial did not compel a finding of duress.

  • Harris v. The State

    Publication Date: 2018-01-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A17A1941

    The record supported the trial court's finding that the prosecutors failure to redact a video recording of defendant's interview with an investigator, which led to a mistrial, was not made purposefully to subvert double jeopardy protections and the trial court, therefore, did not err in denying defendant's plea in bar/motion in autrefois convict in which he contended that the double jeopardy clause barred his further prosecution for child molestation.

  • Adams v. The State

    Publication Date: 2018-01-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Samuel Sliger (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: Stephanie Woodard (Solicitor General), Gainesville; Michael George (Hall County Solicitor General's Office), Gainesville, for appellee.
    Case Number: A17A1977

    In defendant's DUI trial, the trial court did not err in allowing State to introduce evidence of defendant's prior DUI arrest and evidence of an administrative license suspension stipulation in which the arresting officer and defense counsel agreed that defendant would enter a guilty plea to a DUI charge in the criminal case in exchange for the officer withdrawing his sworn report and suspending the license suspension proceeding.

  • In Re Dillon

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Seth Kirschenbaum (Davis Zipperman Kirschenbaum & Lotito), Atlanta; James Spence (Wilson Morton & Downs, LLC), Decatur, for appellant.
    for defendant: Keith Gammage (Fulton County Solicitor General), Atlanta; Paul Howard (District Attorney), Atlanta; Dominique Martinez, Kaye Burwell (Office of the Fulton County Attorney), Atlanta; Patrise Perkins-Hooker, Paula Rafferty (Fulton County Attorney's Office), Atlanta, for appellee.
    Case Number: A17A1723

    The evidence was sufficient to support an attorney's conviction for criminal contempt of court after he repeatedly filed several nearly identical petitions for scire facias under the wrong case number, the last of which was filed after the trial court had admonished him not to do so.